WRIT PETITION (WPs) BASICS
WRIT PETITION (WPs) BASICS
1. We should have a legal right.
2. That right should have been infringed.
3. We should have given representation to authority regarding the violation and seeking relief.
4. We should wait for reasonable time (min 15 days).
5. We should approach the Hon’ble Court with clean hands
6. There should not be any alternative remedy.
Legal right includes:
(a) Fundamental Rights under part III of Constitution of India
(b) Rights Under Constitution of India
(c) Statutory rights under Central Acts, or State Acts & Rules
(d) Government Orders, Circulars
(e) Promise made by the Government
(f) Obligation under International conventions
(g) Precedents by Hon’ble Supreme Court & High Courts
(h) And others
NOTE: 1-Check the above basics before you file Writ Petition under Article.226 of the Constitution of India. Every rule has some exceptions for the reason that if following the above basics causes irreplaceable loss and hardships
2-Young Advocates/Govt officers may elicit the above points from the Client to draft Writ Affidavit or can see if the above points are present in the Writ Affidavit while drafting Counters.
Thank You
Team ECTLA
(Empowering Citizens Through Legal Awareness & Assistance)
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